I have been watching and participating in this drama for a long time....

We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

This will benefit all EB 2 / EB 3

We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

If your are with me please respond to this thread

We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

Seriously guys, We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

Here is the draft. See if some of you can use it to fight the cause. ---------------------------------------------------------------------------------------------- Dear Mr. Charles Oppenheim, First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them. We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly. The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152] (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter. (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b). Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants. Quarterly Spill-over will benefit administration by: 1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates. 2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year. 3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter. 4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates. 5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration. Quarterly Spill-over will benefit Applicants by: 1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance. 2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates. 3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately. As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,

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mariner5555

03-06 06:54 AM

That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.

I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.

So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :) why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way. really I dont see any other options after the letter campaign ...unless some one else has a better idea !!

btw you are paranoid ..how can someone else do this for you ?? >So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards

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DIANNA AGRON photo | Dianna

fromnaija

01-19 10:59 AM

The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

Please add more facts, figures, numbers.

There are around 147,000 employment based Visa number available every year. Each country in the world, irrespective of population, equally share from the same bucket for Visa Number. Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year. This 1470 will be divided between EB1, EB2 and EB3 category That means every category will get 490 Visa Number. USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year. Total GC application pending with USCIS is around 1MM. In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.

There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.

If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.

They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.

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bigboy007

06-11 12:20 PM

Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories. Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.

With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway

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Dianna Agron @ 2011 SAG Awards

pd_recapturing

12-10 03:49 PM

Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian. you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US

IV already has this as part of the agenda so why try to reinvent the wheel? Currently IV has requested our active involvement in trying to expand our member base to make our voice stronger.

We have professional help to analyze the current political situation to decide on the best course of action that will benefit all members. A lot of background work has to be done before IV can announce a call campaign or letter campaign.

Guys, I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...

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lunatic

03-12 12:28 PM

OMG these are all amazing! I can't imagine how much work went into these. I know nothing about 3d art/programs so I'm not sure what it takes to make curves and such. I loved Elisoe's for the openess and the pipes in the ceiling, BlueSun's for the tile work, and ThirdWorld's for the colors and curves. But I voted Grinch because the map on the wall is killer and looks very real. And plus I'm a cartographer so it just caught my eye. Makes me want to step in and take a closer look at it.

Great job everyone! This was a cool battle! :thumb:

gautamagg

04-23 03:47 PM

Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .

As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.

Tone yourself down before you point fingers elsewhere. GC is not your birth right.

As an IV member so you should have spoken out IV cause. If you had personal issues, you should seek personal appointment with the congressman and meet him. Do not use IV forum and IV political capital on furthering your own agenda.

If you want to go back to your country. Go back. If you want to do hunger strike do it. No body is stopping you. But do it on your own and not ruin our greencard chances. Greencard is not important to you, but it is important to us.

If you think Harvard and Stanfords are dying to have you as a student and totally back you in your mission, then you should use their forums and offiices to further your agenda and not IV's.

If you want to preach free speech, then please go and give this lecture to your Harvard and Stanford'd Deans and have them all listen to you.

Libra

06-13 09:56 AM

not banning sub contracting H1b's but they should impose strict rules for companies that every dick and harry, whoever get GC, starts a company by sitting on the couch in his apt and do sub vendoring......these people are responsible for low pays. I am one of the victim of such companies and hate these kind of people, today they get GC tomorrow they start a desi consulting company.